Maternity leave and paternity leave

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1,2,3,4 Faculty of Technology Management and Business, Universiti Tun Hussein

Onn, 86400 Parit Raja, Johor, Malaysia



Generally, maternity leave is a time of holiday given to women before and after childbirth. The leave is being given to the women to care for new-born child. This leave also for the mother to recover themselves after having an operation to having their child. Maternity leave also includes a leave before the expected birth. This is because to give a chance for the mother to have last preparation and wait until the last moment, so they can maximize their time with the baby once it arrives.

While paternity leave is a time of holiday or absence from work to a dad in a matter of seconds when the introduction of his kid. This leave gives a space of time for the dad with his wife and child. The father can give a plenty attention, care to his wife and morale support before the birth. After the birth, the mother movement could be hard and limit, so the father will play his role to help manage home or other kids.

Maternity protection is covered under Part IX of Malaysia Employment Act 1955, a female worker has had the right to pay rates amid confinement. Confinement implies parturition coming about after no less than twenty-two weeks of pregnancy in the issue of a kid or kids, regardless of whether alive or





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dead. Each lady representative has ideal to have maternity leave for a period of at the very least sixty back to back days. Consecutive days is days that following one after another without interruption. However, a female employee needs to fulfil the certain condition before she deserve to receive maternity allowance. She qualifies if:

1) She has been employed by the employer at any time in the four months immediately before her confinement; and

2) She has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately before her confinement.

When a woman has right on maternity leave, she will not begin sooner than a time of 30 days from the date of confinement and in the event that she didn't ready to play out her obligations agreeably, a business anyway may request that the ladies specialist take such leave, as stated in Employment Act Section 37 (1) (b).

For paternity leave, Malaysia also provide paternity leave. How much days that the gentlemen can get are depends entirely on where he works. Some company are generous than others. Malaysian civil workers are deserved to seven days paternity leave, but it also depends into some state because some states government employees can take up to 14 days. According to website Baby Centre (2015), some companies only provide one or three days of paternity leave.



2.1 Importance and Significant

Maternity leave and paternity leave are so crucial for mental health especially for new parent. The new-born baby needs a lot of care and attention. So, becoming a new parent should prioritize the well-being of the baby become a happy family. Multiple studies have discovered that maternity leave has the quantifiable positive effect on mental prosperity of moms (Thomas & Ganster, 1995). One study found that "ladies who took longer than 12 weeks of maternity leave detailed less burdensome side effects." and another investigation discovering ladies who were given "a progressively broad maternity leave strategy were 18 percent more averse to experience the ill effects of dejection 30 years after the fact when they were 50 or more seasoned."

This leave is shown as part that government care to women and would be the way working mothers being valued. Mothers are often still discriminated against in the workplace. Women may expose with lack of protection especially during their pregnancy. In addition, this leave is good for babies. This parental leave can help strengthen those parental social bonds and benefits to child during their initial development months and years. All women deserved to have maternity protection as mention in:

Employment Act Part IX. Section 37 (1):



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84 2.2 Impact and benefit

Based on Fallon, Mazar, & Swiss (2017), better maternity leave arrangements will improve youngster wellbeing a sit expands moms' capacity, as far as both time and cash, to think about their kids. The implementation of maternity leave indirectly gives the advantages to the mother or father a better experience time with their new-born baby. They did not need to think or care with their work stuff, so they can stay focus to the family. Our study shows that maternity leave benefits ladies' wellbeing, notwithstanding supporting and esteeming ladies' consideration giving and regenerative commitments and guaranteeing that having youngsters does not prohibit ladies from holding occupations or earing salary (Hewitt et al., 2017). In reality, if working moms are very talented both at home and in market exercises, being utilized is probably going to be associated with positive tyke results (Ruhm, 2007).

All the women who on their maternity leave had given a protection from being dismiss by the employer. The employer cannot willingly just dismiss the women because it will be prohibition to include in Employment Act.

Employment Act Part IX. Section 40:

Any employer who dismisses a female employee from her employment during the period in which she is entitled to maternity leave commits an offence.

2.3 Advantages and Disadvantages

Implementation of maternity leave and paternity leave it’s good for the economy itself. At an employer level, organisations with liberal maternity leave arrangements help business, as it spares turnover rates and preparing costs. There are likewise quantifiable advantages for the economy (Subramaniam, G., & Selvaratnam, D. P., 2010).



fathers would almost certainly take paid leave and deal with their significant other and new-conceived child amid the confinement time frame.

As for disadvantage, Federation of Employers (MEF), MEF’s executive director, Datuk Shamsuddin Bardan, stated that mandatory paid paternity leave would influence operational expenses and friends’ efficiency, expressing that mulling over a normal compensation of RM 2,800 every month, 1 month paid paternity leaves would cost around RM 1.4 billion. The MEF likewise expressed that whenever executed, Malaysia would not be a worthwhile decision for speculators, and it would trouble company.

2.4 Step and Process

The worker who need maternity leave need to notify their employer of your pregnancy to enjoy all the maternity benefit laid out in your employment contract. The mother needs to inform their employer of your pregnancy no less than four months from your due date. Send a formal notice to the manager and human asset office could be the most ideal way. Seen from the organisation is required when you hope to begin your maternity leave no less than two months before your expected confinement as stated in employment act 1955, section 40(2).

Employment Act 1955 – Part IX Section 40(2):



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Same goes to the father, who also deserve paternity leave. The father needs to apply by giving a notice to their employer around week 25 or 26 of their wife’s pregnancy.

Employment Act Part IX. Section 44:

Every employer shall keep register, in a form to be prescribed by the Minister by regulation made under this Act, of all the employees under this Part and of such other matters incidental thereto as may be prescribed by such regulation.


Paternity in Malaysia are not well enough concern about the parental well fair. Mostly company just provide three days and the mothers, they get only 60 days’ maternity leave. Compared to other developing country like Thailand, Indonesia, Laos, Vietnam and Cambodia, they now offer at least 12 weeks or more for the mothers.

For recommendation as the future generation of Malaysia, the government should reconstruct and supervise back the old act to the new act that adapt with the new generation and technology. Because nowadays, technology has no limitation. People can work from home and make a transaction with e-commerce. So, people still can do their work at home while manage their kids or babies.



Baby centre (2015). Maternity leave and paternity leave in Malaysia. Retrieved from

Baskaran, R.P., (2014). Handbook for Employers and Employees in the Private Sector Malaysia, Digest Review (Kedah)

Bernasek, A., & Gallaway, J. H. (1997). Who gets maternity leave?: The case of Malaysia. Contemporary Economic Policy, 15(2), 94-104

C. Donovan and Ho. (2017). Employment Law. Retrieved from

Compassionate leave. (n.d.). Retrieved October 13, 2018, from leave

Consecutive. (n.d.) Collins English Dictionary – Complete and Unabridged, 12th Edition 2014. (1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014). Retrieved October 13, 2018 from

Employment Act 1955. Retrieved from N/Act%20265%20-%20Employment%20Act%201955.pdf

Fallon, K. M., Mazar, A., & Swiss, L. (2017). The Development Benefits of Maternity Leave. World Development, 96, 102–118.



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Paternity leave. (n.d.). Retrieved October 13, 2018, from leave

Ruhm, C. J. (2007). The Effects of Parental Employment and Parental Leave on Child Health and Development, 12–15. Retrieved from experts/en/593/the-effects-of-parental-employment-and-parental-leave-on-child-health-and-development.pdf

Subramaniam, G., & Selvaratnam, D. P. (2010). Family friendly policies in Malaysia: where are we?. Journal of International Business Research, 9(1), 43

Thomas, L. T., & Ganster, D. C. (1995). Impact of Family-Supportive Work Variables on Work-Family Conflict and Strain : A Control Perspective, 80(1), 6–15.